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HomeMy WebLinkAbout82-2479 ordORDINANCE NO. 82-2479 AN ORDINANCE k~4ENDING ORDINANCE NO. 73-1351, HOUSING CODE OF THE CITY OF PLAIICV!EW, TEXAS, PROVIDING FOR A BOARD OF MINIMUM HOUSING STANDARDS TO DETE~INE MINI~UM HOUSING REQUIREMENTS FOR RESIDENTIAL BUILDINGS WITHIN THE CITY OF PLAINVIEW, TEXAS; PRO- VIDING FOR PERFO~{ANCE OF DEMOLITION AND OTHER WORK BY THE CITY OF PLAINVIEW AND FOR THE RECOVERY OF COSTS OF DE~OLITION AND OTHER WORK; PROVIDING FOR ENFORCEMENT OF SUCH MINIMUM RE. QUIRE- MENTS; PROVIDING FOR SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Plainview, Texas, has determined that there is located within the city limits residential buildings which are unsafe to be used for residen- tial purposes and which constitute a fire and health hazard to any occupant of said structures; and WHEREAS, the City Council has determined it would be in the best interest of public safety and welfare to establish a Board of Housin~ Standards to enforce minimum requirements for residen- tial buildings located within the city limits of P!ainview, Texas, and enforce requirements for the repair, renovation or demolition of such buildings; and WHEREAS, the City Council has determined that provisions should be made for the performance of demolition and other work, for the enforcement of minimum housing' requirements and provision should be made for the recovery of the cost incurred in the en- forcement of such minimum housin~ NOW THEREFORE.., BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS that Ordinance No. 73-1351, Housing Code for the City of Plainview, Texas, shall be amended as follows: Sec.-H-203, shall be and the same is hereby amended as follows, to-wit: Sec. H-203. In order to provide for final interpretation of the prov~smons of this Code and to hear appeals provided for hereunder, the Board of ~¢inimum Housing Standards will serve as the Appeal Board for Minimum Requirements of the Housing Code. There is here- by established a Board of Minimum Housing Standards consisting of f~ve (5) members who are not employees of the City. All members appointed shall not at the time of the appointment nor during their t~rm of office serve on any other authority board, commission or committee of the City of Plainview. .All members appointed shall be a resident of the City of Plainview, Texas, at the time of their appointment and duming their term of office. The members of the BOard shall be appointed by the City Council. Two (2) members of the initial Board appointed by the City Council shall serve until December 31, 1982. Three (3) members of the Board initially appointed by the City Council shall serve until December 31~ 1983. Thereafter, two (2) members of the Board shall be appointed by the City Council beginning January 1 i~ odd numbered years and three (3) members shall be appointed the City Council beginning January 1 in even numbered years. N~ person shall serve more than two (2) consecutive terms as a m~mber of the Board. Any term of office of any member of the Board expiring other than on December 31 in any year, shall be filled by appointment by the City Council until December 31 of that year. Each member of the Board shall serve a term of two (2) years. Three (3) members of the Board shall constitute a q%or~m. The Board slhall act by a majority vote of those present. A~Chairman who shall preside over meetings and shall have the same voting rights as Other members, shail be selected by the Board from its membership. One (i) member of the Planninc and Z~ning DeDartment of the City of Plainview, one (1) representa- tive ~rom-the Hale 'County Health Department, and one (1) repre- sentative of the Fire DeDartment of the City of P!ainview, shall s~rve as exofficio members of the Board, bu~ such members shall not have any voting rights or privileges. Me%tings of the Board shall be held at the call of the Chairman and at such time as the Board may determine. Each meeting of the Board shall be legally posted as r~quired by Article 625217 VTCS and the Mayor, exofficio members a~d members of the Board shall be notified in writing not less than five (5) days prior to the date of any meeting. Each member of the Board shall attend no less than 75% of the regular, special or emergency meetings called by the officers of the Board. The Secretary of the Board shall mak~ a quarterly report to the ~ayor and City Council showing the attendance of e~h member of t~e Board. ~ny representative failing to attend 7~% of the regular, s~ecial or emergency meetings legally called d~ring any calendar y~ars shall be automatical~lv disqualified for service on the Board and shall be re9laced bv t~e City Council. Should any member of the Board move from the City or other- wise become disqualified for any reason, he shall vacate the office. The Board may adopt reasonable rules and regulations for con- ducting its business and shall render all decisions and findings in writing to the aDDellant with a cody to the building official. Appeals to the B~rd shall be proc~ssed in accordance with the pro- visions contained in Sec. H-1201 of this Code. Copies of all r~les and regulations adopted by the Board shall be delivered to the building official who shall make them freely accessible to the public. Sec~ H-1101 (b)5, shall be and the same is hereby amended as follows, to-wit: S~ ar, -ti tC ms em o~ st de c. H-1101 (b)5, Statements advising (i) that any person having y record, title or legal interest in the bulding may appeal from e notice and order or any action of the code enforcement officer the Board of Minimum Housing Standards, provided-the appeal, is de in writing as provided in this Code~an~ filed with the code forcement officer within thirty (30) days from the date of service such notice and order; and (ii) that failure to appeal will con- itute a waiver of all right to an administrative hearing and termination of the matter. Selco H-1103 (a), shall be and the same is hereby amended as follows, to-wit: -- Sec. H-1103 (a) Standards to be Followed. The following standards s~all be followed by the code enforcement officer and by the Board o~ Minimum Housing Standards (if an appeal is taken) zn ordering the repair, vacation or demolition of any substandard building or structure: If any building declared a substandard building under this ordinance shall either be repaired in accordance with the current Building Code or shall be demolished at the option of the building owner. If the building or structnre is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants, it shall be ordered to be vacated. Sec. H-1201 (a) l, shall be the same is hereby amended as follows, to-wit: Sec~ H-1201 (a)l. A heading in the wor.ds: Minimum Housing-"-Standards of the City of "Before the Board of Section H-1201 (b), shall be and the same is hereby amended as follows, to-wit: Sec~ H-1201 (b) Processing of Appeal° Upon receipt of any appeal filed pursuant to this section, the code enforcement officer shall present it at the next regular or special meeting of the Board of Minimum Housing Standards. Sec. H, 1201 (c), shall be and the same is hereby amended as follows, to-wit: S~c~. H-1201 (c) Scheduling and Noticing Appeal for Hearing. As soon as practicable ~fter receiving the written appeal, the Board of Minimum Housing Standards shall fix a date, time, and place for the hearing of the appeal by the Board. Such date shall non be less than ten (10) days nor more than sixty (60) days from the date the appeal was filed with the Board of Minimum Housing Standards. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the Secretary of the Board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown gn the appeal. Sec. H-1302, shall be and the same is hereby amended as follows, ~d-wit: Sec. H-1302. The notice to appellant shall be substantially in ~he following form, but may include other information: "You are hereby notified that a hearing will be hleld before the Board of Minimum Housing Standards of the City of Plain- view, Texas, at on the day of 19 , at the hour __, upon t-I{e notice and orde~ served--' upon you. You may-~ present at the hearing. You may be, but need not be, represented'by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with the Board of Minimum Housing Standards." Caption, Chapter 14, shall be and the same is hereby amended as follows, to-wit: CHAPTER 14 - ENFORCEMENT OF THE ORDER OF THE CODE ENFORCEMENT OFFICER OR THE BOARD OF MINIMUM HOUSING STANDARDS. Se,c. H-1401 (a), shall be and the same is hereby amended as follows, to-wit: Sec. H-1401 (a) General. After any order of the Code Enforcement Officer or the Board of Minimum Housing Standards made pursuant to th%s Code shall become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor and upon conviction thereof such person shall be punished ~by a fine of not more than $200.00 Sec° H-140! (b), shall be and the same is hereby amended as follows, to-wit: Sec. H-1401 (b) Failure to Obey Order. If, after any order of the Code enforcement officer or B~ard-0-f Minimum Housing Standards made pursuant to this Code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, th~ code enforcement officer may (i) cause such person to be pro- secuted under Subsection (a) of this Section or (ii) institute any appropriate action to abate such building as a public nuisance. The following sections of Ordinance No. 73-1351 shall be and the same are hereby amended by deleting the term "building official" and inserting in its plaCe the term "code enforcement officer": Section H-201(a)~ (b), Section H-1101(a), (b)~)v (d) r (&), Section H-110~ (a) (h), Section H-1201(a), Section H-1204, Section H~1401(c) and Section H-1402. Ordinance No. 73-1351 shall be and the same is hereby amended by adding the following chapter: CHAPTER 15 - PERFORMANCE OF DEMOLITION OR OTHER WORK. Sec. H-1501 (a) Procedure. When any demolition or other work is. to be done pursuant to Section H-1401(c) of this Code, the code en- forcement officer shall cause the work to be accomplished by city personnel or by private contract under the direction of the code enforcement officer. Plans and specifications therefor may be prepared by the code enforcement officer or he may employ such architectural and engineering assistance on a contract basis as he may deem reasonably necessary. Section H-1501(b) C~sts. The cost of such work shall be paid from th~ Special Projects Fund established for that purpose, and such cost shall be made a special assessment against the property involved. Demolition Fund Sec~ H-1502(a) General. The City Council shall establish a Special Projects Fund for 6he payment of abatement costs. Payments shall be made from said fund upon the demand of the code enforcement officer wi~h the approval of the Director of Planning to defray the costs and expenses which may be incurred by the City in doing or causing to be done the necessary demolition and related, labors. Sec. H-1502 (b) Maintenance of Fund. The City Council may at any time transfer to this Special Projects Fund, from any money in the General Fund of the City, such sums as it may deem necessary to expedite the performance of the work of abatement. Ail proceeds received in pay- ment for money expended from this Special Projects Fund, as herein- after provided for, shall be paid to and deposited in the General Fund of the City. Ordinance No. 73-1351 shall be and the same is hereby amended by adding the following chapter: CHAPTER 16 - RECOVERY OF COST OF DEMOLITION OR OTHER WORK ACcount of Expense, Filing of Statement: Contents Sec. H-1601. The Code enforcement .officer shall keep an i-~-emized account of the expense m~curred by the City for demolition o{ removal of any structure and the cleanin9 of the lot where the structure was located, pursuant to the provisions of Section H-1401 (~) of this Code~ ss smended. Upon completion of this abatement, the code enforcemen~ officer shall prepare a statement speci- fying the work done, the itemized and tota~ cost of the work, a description of the real property upon which the structure was located, and the names and addresses of the persons entitled to notice pursu- ant to Section H-1104(c) of this Code, as amended. Report Transmitted to Mayor Sec. H~1602. Upon completion of this statement it shall be sent to t-~ Mayor for his signature thereon, whereupon it shall then be recorded with the County Clerk as an assessment against ~and a lien u~on the property. Lien of Assessment Sec. H~1603 (a). Priority. Immediately upon recordation, the amount .a~ sessed shall be payable, and the assessment shall be a lien against the parcel of land where the work was performed and against any re- maining improvements thereon. The lien shall be subordinate only to tax liens and liens to' secure the cost of street improvements a~ter they have been made. - (b)- Interest. Ail such assessments remaining unpaid after 30 days f~om the date of recordation shall become delinquent and shall bear interest at the rate of ten (10) percent per annum from and after said date. Collections of Assessment: Penalties for Foreclosure S9c. H~1604. For any such expenditures and interest, as aforesaid, sU[~ ~ ~e instituted and foreclosure had in the name of the City of Plainview; and the statements so made, as aforesaid, or a certi- fied copy thereof, shall be prima facie proof of the amount expended i~ any such work. - Repayment of Money Expended S~c.H=1605. Ail money recovered by payment of the charge or assess- ment, including any interest ther~on,~or from the sale of the pro- perty at foreclosure sale shall be paid to the City Treasurer who shall credit the same to the General F'und. SECTION 1 of Ordinance No. 73-1351 shall be and the same is hereby amended as follows, to-wit: SECTION 1. Ail former ordinances or parts thereof conflict- ing or inconsistant with the provisions of this amendment of the Housing Code hereby adopted are hereby repealed. SECTION 2 of Ordinance No. 73-1351 shall be and the same is hSreby amended as follows, to-wit: SECTION 2. Should any section, paragraph, sentence or clause or word of this ordinance or of the Housing Code as amended hereby, be declared unconstitutional or unvalid for any reason, the re- mainder of this ordinance and of the Housing Code as amended hereby shall not be effected. SECTION 3 of Ordinance No. 73-1351 shall be and the same is hereby amended as follows, to-wit: SECTION 3. The City Secretary is hereby authorized and directed to cause the publication of %he descriptive caption of the amendment to Ordinance No. 73-1351 together with the penalty provisions of said Ordinance. This Ordinance shall become effec- tive on the _Sth day of _ ~e~uary.. , 19 8~ after its passage and publication as required by law. PASSED A_ND APPROVED ON FIRST READING THIS January , 1982. 12th DAY OF PASSED AND APPROVED ON SECOND READING T~IIS 26th DAY OF January , 1982. ATTEST: Walter S Dodson, City Clerk City of Plainview